IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR W.P.NO.50469/2019 (KLR-RR/SUR) BETWEEN:
1 . SRI. YUSUFF ALI KHAN S/O LATE MAHABOOB ALI KHAN AGED ABOUT 92 YEARS R/A NO.3, MOSQUE ROAD BASAVANAGUDI, BENGALURU – 560 004.
2 . SRI. RIYAZ ULLA KHAN S/O LATE MOOSA KHAN AGED ABOUT 69 YEARS R/A NO.3, MOSQUE ROAD BASAVANAGUDI, BENGALURU – 560 004.
3 . SRI. ASAD ULLA KHAN S/O LATE HUSSAIN KHAN AGED ABOUT 63 YEARS.
4 . SRI. AZMATH ULLA KHAN S/O LATE HUSSAIN KHAN AGED ABOUT 59 YEARS.
5 . SRI. AFSAR ULLA KHAN S/O LATE HUSSAIN KHAN AGED ABOUT 46 YEARS.
6 . SRI. NASRULLA KHAN S/O LATE HUSSAIN KHAN AGED ABOUT 61 YEARS.
7 . SRI. SHADAB KHAN S/O LATE SIRAJULLA KHAN AGED ABOUT 38 YEARS.
8 . SRI. SHAHID KHAN @ HASSAN KHAN S/O LATE SIRAJULLA KHAN AGED ABOUT 33 YEARS.
PETITIONERS NO.3 TO 8 ARE RESIDING AT NO.29/27 6TH MAIN, BISMILLA NAGAR BENGALURU – 560 029.
PETITIONERS NO.1 TO 8 ARE REP. BY GPA HOLDER SRI. IBRAHIM KHAN S/O LATE KAREEM KHAN AGED ABOUT 72 YEARS R/A NO.15, OLD NO.45 3RD CROSS, P & T COLONY VENKATESHPURAM KADUGONDANAHALLI, ARABIC COLLEGE POST BENGALURU – 560 045.
...PETITIONERS (BY SRI. RAVINDRA D.K, ADV., ON BEHALF OF SRI. RAHAMATHULLA KOTHWAL., ADV.,) AND:
1 . THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT VIDHANA SOUDHA BENGALURU – 560 001.
2 . THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT KANDAYA BHAVAN, K.G. ROAD BENGALURU – 560 009.
3 . THE ASSISTANT COMMISSIONER BENGALURU NORTH KANDAYA BHAVANA, K.G. ROAD BENGALURU – 560 009.
4 . THE TAHASILDAR YELAHANKA TALUK MINI VIDHANA SOUDHA YELAHANKA BENGALURU – 560 064.
(BY SRI. Y.D HARSHA, AGA) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2 AND 4 TO EFFECT CHANCE OF KHATA OF THE AGRICULTURAL LAND BEARING SY.NO.59 MEASURING 5-03 ACRES, SY.NO.60 MEASURING S-03 ACRES, SY.NO.61, MEASURING R-00 ACRES, SY.NO62 MEASURING 5.00 ACRES, SY. NO.63 MEASURING R.02 ACRES AND SY. NO.64 MEASURING 4.36 ACRES OF MEESAGANAHALI VILLAGE, JALA HOBLI, YELAHANKA TALUK, BENGALURU NORTH (RTCS) IN TH ENAME OF THE PETITIONERS.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Though matter is listed for preliminary hearing by consent of learned Advocates appearing for parties it is taken up for final disposal.
2. Petitioners are seeking for a writ of mandamus to respondent Nos.2 and 4 to change the Khata of agricultural lands bearing Sy.No.59 measuring 5-03 acres, Sy.No.60 measuring 5-03 acres, Sy.No.61 measuring 5-00 acres, Sy.No.62 measuring 5-00 acres, Sy.No.63 measuring 5-02 acres and Sy.No.64 measuring 4.36 acres of Meesaganahalli village, Jala Hobli, Yelahanka Taluk, Bangalore North to their names.
3. Grievance of petitioners is; they have purchased the lands in question under registered sale deeds dated 05.03.1965 and 11.12.1964 vide Annexures- A to C, Khatha of the lands in question was not mutated to their names on the ground that matter was pending before Land Tribunal in LRF No.6/74-75. It is stated that land Tribunal by order dated 28.08.1979 passed in LRF Nos.6 & 7/74-75 had granted occupancy rights in respect of above lands in favour of applicants and this Court in W.P.No.11969/2008 c/w W.P.No.11970/2008 by order dated 09.07.2019 had allowed the writ petitions by setting aside the order passed by the land Tribunal and as such representations came to be submitted by petitioners on 19.08.2019 and 19.09.2019 vide Annexures- G to M requesting respondent Nos.2 and 4 to mutate the revenue records of the lands in question to their names and same having not been complied, they have sought for a writ of mandamus to respondent Nos.2 and 4 to effect khatha of lands in question to their names by mutating the revenue records.
4. Having regard to the above facts, this Court is of the considered view that authorities cannot be directed to effect the mutation of subject lands since right from the date of purchase i.e., from the year 1965 till date, revenue records have not been mutated. It would suffice if a direction is issued to the respondent Nos.2 and 4 to consider the request/prayer of the petitioners as made out in the representations dated 19.08.2019 and 19.09.2019 vide Annexures-G, H, K and M submitted by petitioners expeditiously and within a time frame.
Hence, I proceed to pass the following;
ORDER (1) Writ petition is allowed in part.
(2) A writ of mandamus is issued to respondent Nos.2 and 4 to consider the representations dated 19.08.2019 and 19.09.2019 vide Annexures-G, H, K and M, expeditiously within two months from the date of receipt of copy of this order.
SD/- JUDGE RU